What canI expect for a first DWI arrest?

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What canI expect for a first DWI arrest?

I was arrested around 3 am 8/22/10 driving home from a night out. The officer pulled me over claiming I was “swerving a little bit” just 2 miles from my home. I was very cooperative and did all the tests she requested of me. She finally gave me a breathalyzer and I blew a .12. Despite my BAC, I was coherent and respectful to the officer. She arrested me and I willingly got in the cruiser and I spent approx. 4.5 hours at the station sobering up. As Isaid before this is my first offense on an absolutely clean criminal/driving record. Can anyone tell me what I should expect in court? Should I speak with a DUI attorney? I’m in Oakland County, MI.

Asked on August 23, 2010 under Criminal Law, Michigan

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The shor answer to your question is yes, you absolutely should speak with an attorney who specializes in criminal defense and/or defending dui's.  The fact that you were polite and cooperative, while nice, will probably have no relevance to the defense of these charges.  That being said, there is a chance that the officer made some sort of mistake that could lead to the dismissal of the charges.  An attorney will be able to evaluate the reports to determine the strengths of any defenses that may exist.  Moreover, dui's are potentially serious matters, and while first offenders often can have their charges resolved by using a diversionary program that results in dismissal upon successful completion, it is important to have an attorney to protect your interests and minimize your criminal liability moving forward.


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